Last updated on 11 October 2019
These terms and conditions (hereafter referred to as “Terms”) relate to the WYLDATA Platform, Database, Products and/or Services (hereafter collectively referred to as “WYLDATA Product”) which are provided through any of the WYLDATA websites (namely www.wyldata.com or any domains or sub-domains available through such URL – hereafter “WYLDATA Website”).
These Terms constitute an agreement between WYLDATA and you, the User of the WYLDATA Product. The purpose of these Terms is to inform You about how You can use the WYLDATA Product and WYLDATA Platform. These Terms govern the use of the WYLDATA Product and shall apply to all users using it.
“User” shall refer to the individual, company or any other entity who is making use of the WYLDATA Product in any manner whatsoever and who may or may not be a Subscriber.
“User’s Account” or “User Account” shall refer to the WYLDATA Product account which is accessible solely through the use of the User’s login information.
“Events Coverage” shall refer to the sports, events, leagues, tournaments, teams and athletes and any ancillary information thereto, to which access is given to Users and/or Subscribers during the course of their use of the WYLDATA Product.
“Subscriber” shall refer to the User who has created an account through the WYLDATA Platform, who is a paying member of the WYLDATA Product and who is therefore authorised by WYLDATA to access or otherwise make use of the WYLDATA Product in line with the terms of his Product Subscription.
“Product Subscription” shall refer to the specific category of WYLDATA Product of which the User is a Subscriber and for which the Subscriber pays the relative annual license fee.
“WYLDATA”, “Us”, “We”, “Our” or “The Company” relate to WYLDATA LIMITED, a limited liability company incorporated under the Law of Malta bearing registration number C87954, and with its registered address at SOHO OFFICE, EDGE WATER COMPLEX, ELIA ZAMMIT STREET, ST. JULIAN’S, STJ 3151, MALTA.
“WYLDATA Platform” shall refer to front end user facing interface by means of which the User will be given access to the WYLDATA Product or any part thereof. “You” or “Your” shall refer to the User.
Any reference in these Terms to “Data Controller”, “Data Processor”, “Personal Data” or “Data Subject” shall have the same meaning as understood under Data Protection Legislation.
Any references to the singular in these Terms shall also include the plural, and vice versa, unless explicitly stated otherwise.
Any references to the masculine in these Terms shall also include the feminine, and vice versa, unless explicitly stated otherwise.
Before making use of the WYLDATA Product or any part thereof, in any manner whatsoever, the User shall have read, understood and accepted these Terms. By checking the “I Accept these Terms and Conditions” box in the course of signing up to the WYLDATA Product, the User agrees to have read, understood, accepted and to strictly comply with these Terms and to be legally bound by these Terms in relation to WYLDATA. Under no circumstance shall the User make use of the WYLDATA Product if he does not unequivocally and unreservedly agree with these Terms, any part thereof, or any updated version thereof.
The latest updated version of these Terms can be accessed by the User at any time either by accessing them on the WYLDATA Platform.
In order to be granted full access to and be able to utilise the full functionalities of the WYLDATA Product, the User must necessarily create an account and become a Subscriber to the WYLDATA Product. To become a Subscriber, You must have legal capacity to enter a binding agreement.
User is solely responsible to provide accurate current, and complete information in connection with the account registration. The User acknowledges that the account details provided are true, accurate, up to date and correct and that, where necessary, the User will update his account details so that they remain true, accurate, up to date and correct.
User is solely responsible for maintaining the confidentiality of the login information relating to the User’s Account. We shall have no responsibility for any unauthorised use of the User’s Account.
If We are suspicious that the same User Account is being accessed or otherwise used by any individual, company or entity other than the Subscriber or anyone else who is duly authorised to do so by WYLDATA, We retain full discretion to suspend, restrict, limit or even terminate the User Account in question and/or to ban the User who in Our sole opinion may be involved in such unauthorised activity.
The purpose of the WYLDATA Product is to provide access to the Users and/or Subscribers to data relating to the Events Coverage (hereafter “Events Coverage Data”).
Should the User require any of the Events Coverage Data to be modified or processed in any manner, such User shall contact WYLDATA on firstname.lastname@example.org with a query to this effect and, if legally permissible and in its own sole discretion,
WYLDATA may agree to carry out such modification and/or processing and either provide the resulting data (hereafter “Processed Coverage Data”) to the User or otherwise make such Processed Coverage Data available on the WYLDATA Product.
The User shall not resell, disclose, pass on, distribute or modify the Events Coverage Data or the Processed Coverage Data.
While making use of the WYLDATA Product the User may be exposed to advertisements or promotions created by The Company or by third parties. In this regard, it is the responsibility of the User to comply with the relevant laws and regulations that are applicable in the User’s region at all times. Should the User decide to purchase or use the services of a third party company through an advertisement or promotion published on the WYLDATA Product or WYLDATA Platform, the User shall have the responsibility to read such third party company’s terms and conditions, which is something We strongly recommend the User to do. WYLDATA is not part of any agreement between the User and any such third party.
The User undertakes to use the WYLDATA Product in accordance with all applicable law and regulation and may not use the WYLDATA Product in any way that causes Us or any third-party harm.
The User may not use the WYLDATA Product to communicate or publish information that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
Certain data, access rights and functionalities of the WYLDATA Product are available to all Users free of charge however, only Subscribers are also eligible to certain other data, access rights and functionalities of the WYLDATA Product (hereafter “Subscriber Access”). WYLDATA has sole discretion to decide which data, access rights or functionalities of the WYLDATA Product the Users and/or Subscribers are eligible for.
The updated price list for the different categories of WYLDATA Product subscriptions can be accessed by emailing email@example.com.
In the case of the WYLDATA Product Subscriptions, WYLDATA charges the fixed annual licensing fee (the price of which is dependent on the selected WYLDATA Product subscription) at the time of purchase and will renew the subscription automatically upon 12 months from the date of purchase having elapsed, until and unless the User cancels their subscription.
in the case of certain products, a one-time setup fee may apply over and above the annual licensing fee.
Custom deals with regards to one-time setup fees and/or the annual licensing fees may also be arranged at WYLDATA’s sole discretion. For more information in this regard please contact WYLDATA on firstname.lastname@example.org.
From time to time WYLDATA’s fees may be updated and it is at WYLDATA’s sole discretion.
WYLDATA does not have an automated refund policy for subscription fees. If You believe You should get a refund please contact WYLDATA on email@example.com.
The User hereby explicitly acknowledges and agrees to the User’s data being processed by WYLDATA, its subcontractors / auxiliaries or other third parties for the purposes of providing WYLDATA Products and the User confirms having obtained any consent, provided any information and / or obtained any approval / authorisation, made any registrations or the like necessary in order to allow such processing.
Any and all intellectual property being made available on the WYLDATA Website or through the use or access to the WYLDATA Product shall in all cases remain the exclusive property of WYLDATA. Subscribing to the WYLDATA Product shall in no case be deemed to be a sale, transfer, license or assignment of WYLDATA’s intellectual property.
For the avoidance of doubt, the WYLDATA Product, the Events Coverage Data, Processed Coverage Data, all WYLDATA designs, creations, and logos shall, amongst other things, be considered to form part of WYLDATA’s intellectual property.
These Terms will take effect when the User account is registered. A User’s account will be deemed to be registered once he has submitted the information he has been prompted to submit on the sign up page and he has subsequently clicked ‘Sign up’.
The User may delete his account at any time on the WYLDATA Platform and this will terminate the User’s right to use the WYLDATA Product. The Terms will apply until the User’s account has been closed. Any payment made to WYLDATA prior to the deletion of an account (following the User’s request for such deletion) is non- refundable.
The Company reserves the right to terminate the User’s account at its sole discretion, whether or not such User is a Subscriber, without any liability economically or otherwise in relation to the User.
In the case that the User’s account is terminated, the Company may, in its sole discretion, delete any and all data relating to the User’s use of the WYLDATA Product.
The WYLDATA Product, Events Coverage Data, Processed Coverage Data as well as any other data or content contained and/or made available via the WYLDATA Product including text, numbers, graphics, information, links, or other items are all provided “as is” and “as available”.
The Company does not provide any warranty of any kind, express or implied, for the WYLDATA Product, including but not limited to the availability of the WYLDATA Product. The Company does not guarantee the accuracy, completeness or usefulness of any information or content provided through the WYLDATA Product. The Company does not warrant that the use of the WYLDATA Product will be secure, uninterrupted, safe, always available, error-free or will meet any requirements, or that any defects on the platforms will be corrected.
The Company will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, arising out of or in any way connected with the platform. The User expressly agrees to hold the Company harmless from and against all claims, damages, losses, fines or other expenses whatsoever arising from any dispute between the User and any company or third parties.
The User shall also hold the Company harmless from and against all claims, damages, losses or other expenses whatsoever arising from any incorrect, inaccurate or outdated Events Coverage Data and/or Processed Coverage Data viewed, displayed, received or otherwise accessed on the WYLDATA Product at any time.
The User agrees to indemnify, defend and hold the Company harmless from and against all claims, losses, expenses, or demands of liability, including but not limited to reasonable attorneys' fees and costs in connection with any claim arising out of User's use of the WYLDATA Product and/or User's violation of these terms.
The Company reserves the right to modify these Terms at any time at its sole discretion. The Company will notify the User by email or through a notice on the WYLDATA Platform 7 days in advance of any adverse changes taking effect. The User’s continued use of the WYLDATA Product after such notification constitutes the User’s agreement to the updated Terms.
User is not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from the Company, if not explicitly permitted under the Terms.
The Company has the right, without the need to obtain prior approval, to assign the Terms to another company in the same company group as WYLDATA, or a third party in connection with a transfer of all or substantially all of WYLDATA’s assets.
The User acknowledges that upon the payment of the annual license fee by the User and consequently the User having been granted access and/or permission to use the full functionalities of the WYLDATA Product, the User shall be losing his right to withdraw from the contract entered into with WYLDATA.
If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of the Company to enforce its rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF USER’S ACCOUNT.
The Terms constitute the entire agreement between User and WYLDATA on all issues to which the Terms relate.
These Terms shall be construed in accordance with and be governed by the laws of the Republic of Malta, without regards to its conflict of law provisions.
Any dispute, controversy, litigation or claim arising out of or in connection with these Terms shall be finally settled by the Courts of Malta.
In the case of any complaint or claim or other questions or queries regarding these Terms, do not hesitate to contact Us by email on firstname.lastname@example.org, by telephone on 004915774771629 or by physical mail on Wyldata, Soho Offices, Edge Water Business Complex, Elia Zammit Street, STJ 3151, St Julian’s, Malta.